The Court is providing the following information on its Traffic Infraction Deferral Program, which may allow you to have your traffic ticket dismissed and not go on your driving record.  Here’s how the Traffic Infraction Deferral Program works:  

            1.  Moving Traffic Violations Only.  Your ticket must be for a “moving violation,” such as speeding, failure to yield; negligent driving in the second degree, etc.  It can’t be for a non-moving violation such as driving without a valid driver’s license, driving without proof of insurance, exceeding weight or height limits, etc.  If your ticket includes both a moving violation and a non-moving violation, you can only have the moving violation included in the program. 

2.  No Commercial Driver’s License Holders.  If you have a commercial driver’s license, you can’t be in this Program.

             3.  No Deferrals for 7 Years.  You must not have had a moving violation deferred during the last 7 years.

            4.  Have No Violations for 1 Year.  Once on the program, you must not have any of the following violations for 1 year:  any moving violation; any criminal violation; or any violation involving driving without a valid driver’s license or proof of insurance, or in violation of a restriction on your license.  A “violation” includes any deferred finding, deferred prosecution, stipulated continuance, arrest warrant, etc.

            5.  Pay $150 Monitoring Fee.  You must pay a non-refundable $150 monitoring fee.  This fee is in addition to any fine you receive for a non-moving violation on the same citation.

            6.  Court May Deny Application or Impose Other Conditions.  The judge may deny an application, or may impose other conditions, such as attending traffic school.

            7.  What Happens After 1-Year.  If you comply with all the requirements of the Program, the ticket for the moving violation will be dismissed after 1 year and it won’t go on your driving record.  If you violate any requirement, the ticket will not be dismissed, and it will go on your record as a violation.  Also, if the court later discovers that you do not qualify for this Program, the ticket will be go on your record as a violation.

To participate in the Traffic Infraction Deferral Program, please complete the application.  If you have requested a hearing, by applying for this Program you give up your right to a hearing. If the Court receives your application and payment by the hearing date, you won’t need to attend the hearing.  You may assume that your application is approved unless the Court tells you otherwise.  If you don’t want to participate in the Program, or if you don’t qualify, you should attend your hearing as scheduled.

The application and your payment must be sent to:

Cowlitz County District Court

312 SW 1st Ave., Room 207 

Kelso, WA  98626